Kentucky state senator acquitted of DUI, guilty of speeding
A Franklin County jury took 10 minutes to acquit the Hazard republican on Tuesday following a day-long trial. They did convict him of speeding and fined him $40.
Smith was arrested Jan. 6, the first day of the 2015 legislative session. A state trooper testified Smith smelled of alcohol and that he failed two field sobriety tests. Smith refused to take a breath test.
Smith’s defense attorneys played security camera footage from the jail, showing the jury Smith walked without assistance. A convenience store clerk testified that Smith did not appear intoxicated earlier that night.
Smith’s attorneys argued earlier this year the charges should be dropped because the state constitution says lawmakers cannot be arrested while the legislature is in session. They later withdrew that request.